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1. Defendant A shall be punished by imprisonment with prison labor for one year and four months;
Defendant
A 62,316,752 won shall be additionally collected.
2...
Reasons
Punishment of the crime
The Defendants, in around February 2016, at “E” located in Busan Dongdong-gu D and underground 1st century, Defendant A, by contributing a game machine rental deposit, provided Defendant B with the loan of the game machine, and provided Defendant B with the remaining profits by paying KRW 150,000 per day and KRW 100,000 per day as follows, and Defendant B operated the game machine previously.
In managing a general game room in its name after opening an illegal game room in the PC room and obtaining permission from the Gu office to manage the game room in its name, the head of the game room operated the game room in a way of exchanging in cash the remainder after deducting 10% of the points obtained by the customers who want to exchange in cash from the points obtained by them, and solicited them to have 150,000 won and 10,000 won per day from profit.
Accordingly, from February 5, 2016 to April 2, 2016, the Defendants installed a total of 40 games, such as 20 games of “scackers” and 20 games of “scackers” in the above “E” from around February 5, 2016 to April 2, 2016, and let many and unspecified customers play a game by inserting money, and had customers exchange money equivalent to the points obtained through the game in cash.
As a result, the Defendants conspired to conduct a business of returning scores, which are intangible results obtained through the use of game water, and caused the Defendants to do gambling and other speculative acts by using game water.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to F, G, H, I, J, and K;
1. Each game explanation and each digital evidence analysis report;
1. A protocol of seizure and a list of seizure;
1. The investigation report (the report is just 63 times a month);
1. Application of Acts and subordinate statutes, such as photographs, storage photographs of games, etc. by cutting down a photograph;
1. Article 44(1)1 and Article 28 Subparag. 2 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act; Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry; and the Criminal Act.